Short-Term Rental Laws in Miami Beach, FL (2026)
Miami Beach heavily restricts short-term rentals (any rental under six months and one day): they are banned in all single-family homes and in many multifamily zoning districts (RM-1, RM-PRD, RPS-1/2, CD-1, RO, TH, etc.), and legal only in certain higher-density and mixed-use districts or narrow historic-district exceptions. Where allowed, each unit needs a city Certificate of Use, a Vacation/Short-Term Rental Business Tax Receipt (renewed annually; codified CU application fees are $600-$1,000 in the exception districts), a Resort Tax account, and a Florida DBPR license, and hosts must remit the city's 4% resort tax themselves. Illegal rentals are aggressively enforced: guests are evicted and owners fined under Florida's Chapter 162 caps ($1,000/day first violation, $5,000/day repeat) after courts struck down the city's former $20,000-$100,000 fines. Always confirm current requirements with the city before operating.
Miami Beach STR rules at a glance
| Legal status | Restricted |
|---|---|
| Permit required | Yes |
| Permit name | Vacation/Short-Term Rental Business Tax Receipt (BTR), with Certificate of Use and Resort Tax registration |
| Renewal | Annual |
| Owner occupancy required | No |
| Primary residence only | No |
| Total occupancy taxes | ~14% of gross revenue |
| Enforcement | Miami Beach runs one of the most aggressive STR enforcement programs in the U.S. A dedicated Code Compliance team monitors listing sites and investigates complaints (hotline 305-673-7555); the city's public 'Practice Safe Renting' database lets anyone verify whether a building is authorized, and lists roughly 434 authorized apartment buildings. When an illegal rental is confirmed, 'the tenants/visitors will be evicted and fines assessed against the owner.' Advertising a unit for under six months and one day is codified as direct evidence of a violation and creates a rebuttable presumption against the property. Violations can be issued to the owner, manager, broker, or anyone who facilitates the rental; unpaid fines become liens the city can foreclose, and the code compliance director notifies the Miami-Dade Property Appraiser (which can jeopardize a homestead exemption). Every advertisement must conspicuously display the city BTR number and Resort Tax certificate number (Sec. 102-386); 2025 special magistrate dockets show $1,000 first-offense fines under that section. |
| Current rules effective | 2023-06-06 |
What will guests pay in taxes on a Miami Beach stay?
Itemized occupancy taxes for Miami Beach, FL — enter your nightly rate to see the real cost breakdown.
Miami Beach occupancy tax calculator
| Gross rent | $450.00 |
| Florida Transient Rental Tax (state sales tax) (6%)· usually collected by platform | $27.00 |
| Miami-Dade County Discretionary Sales Surtax (1%)· usually collected by platform | $4.50 |
| Miami-Dade County Convention Development Tax (3%)· usually collected by platform | $13.50 |
| Miami Beach Resort Tax (4%)· host remits | $18.00 |
| Total tax (14%) | $63.00 |
| Guest pays | $513.00 |
Estimate only. Platform collection varies by listing site and agreement; verify rates with the taxing authorities.
Permits & licensing
Miami Beach requires Vacation/Short-Term Rental Business Tax Receipt (BTR), with Certificate of Use and Resort Tax registration to operate a short-term rental, renewed annual.
The city does not publish a single flat STR permit fee online. The code sets a $600.00 Certificate of Use application fee for legacy short-term rental approvals in the Flamingo Park/Espanola Way historic districts and a $1,000.00 CU application fee for the North Beach (Harding Avenue) exception area. In generally-permitted districts, the standard CU + annual fire fee + BTR fees apply per the city fee schedule (amounts not published on the city website; confirm with the Finance Department at 305-673-7420). A separate CU is required for each STR unit, and BTRs for transient rental are issued only to unit owners.
Zoning & location rules
Prohibited citywide in all single-family districts (Resiliency Code 7.5.4.11(a), formerly Sec. 142-905(b)(5)): single-family homes may only be leased for six months and one day or longer. For apartments/townhomes, STRs under six months and one day are prohibited in districts zoned RM-1, RM-PRD, RM-PRD-2, RPS-1, RPS-2, CD-1, RO, RO-3 and TH (Resiliency Code 7.5.4.13, formerly Sec. 142-1111), with narrow grandfathered exceptions in the Flamingo Park and Espanola Way historic districts, the Collins Waterfront Local Historic District (contributing buildings south of West 24th Terrace, 24/7 on-site management, minimum seven-night reservation), and contributing buildings fronting Harding Avenue in North Beach (minimum seven-night reservation). STRs are generally allowed, with CU + BTR + resort tax registration, in higher-density and commercial/mixed-use districts such as RM-2, RM-3, CD-2, CD-3 and MXE (e.g., the South Beach entertainment district and North Beach Town Center). Entire units only; rental of individual rooms is prohibited in the exception districts, and condo/HOA association approval letters (dated within 60 days) are required.
Taxes
| Tax | Rate | Who collects |
|---|---|---|
| Florida Transient Rental Tax (state sales tax)6% of the listing price including cleaning fees for reservations 182 nights and shorter. Airbnb/Vrbo collect and remit for platform bookings; hosts remit to the Florida DOR on direct bookings. | 6% | platform |
| Miami-Dade County Discretionary Sales SurtaxCounty surtax collected with the state sales tax; Airbnb collects for platform bookings. | 1% | platform |
| Miami-Dade County Convention Development TaxApplies in Miami Beach (only Bal Harbour and Surfside are exempt). Airbnb collects for platform bookings; hosts remit via the county's TouristExpress portal on direct bookings. Note: the county's 2% Tourist Development Tax and 1% Professional Sports Franchise Facility Tax do NOT apply in Miami Beach. | 3% | platform |
| Miami Beach Resort Tax4% on all transient room rentals of six months or less. Airbnb does not collect it; operators must register a Resort Tax account with the city and file/pay monthly by the 20th via the city's online Resort Tax portal. | 4% | host |
Enforcement & penalties
Miami Beach runs one of the most aggressive STR enforcement programs in the U.S. A dedicated Code Compliance team monitors listing sites and investigates complaints (hotline 305-673-7555); the city's public 'Practice Safe Renting' database lets anyone verify whether a building is authorized, and lists roughly 434 authorized apartment buildings. When an illegal rental is confirmed, 'the tenants/visitors will be evicted and fines assessed against the owner.' Advertising a unit for under six months and one day is codified as direct evidence of a violation and creates a rebuttable presumption against the property. Violations can be issued to the owner, manager, broker, or anyone who facilitates the rental; unpaid fines become liens the city can foreclose, and the code compliance director notifies the Miami-Dade Property Appraiser (which can jeopardize a homestead exemption). Every advertisement must conspicuously display the city BTR number and Resort Tax certificate number (Sec. 102-386); 2025 special magistrate dockets show $1,000 first-offense fines under that section.
The city's infamous $20,000-$100,000 escalating fines were held preempted by Fla. Stat. 162.09 in City of Miami Beach v. Nichols (Fla. 3d DCA, 2020), and an October 2020 ordinance replaced them with 'fines as provided in Chapter 162, Florida Statutes' - i.e., up to $1,000/day for a first violation, $5,000/day for repeat violations, and up to $15,000 for irreparable violations. Separately, Sec. 102-386 (failure to display BTR/resort-tax numbers in ads and related operator duties) carries $1,000 (1st), $5,000 (2nd), $7,500 (3rd), and $10,000 plus BTR revocation (4th violation within six months). Enhanced penalties include immediate termination of the rental/eviction of guests, suspension/revocation of the certificate of use, recorded liens enforceable by foreclosure, and possible injunctions.
⚠️ HOA/condo rules may prohibit STRs regardless of city law.
Recent rule changes in Miami Beach
October 1, 2024
Miami-Dade County requires electronic filing of tourist/convention taxes
As of the October 2024 return, all Miami-Dade tourist and convention development tax filings (including the 3% CDT owed by Miami Beach operators on direct bookings) must be submitted electronically through the county's TouristExpress portal; paper filings are no longer accepted.
Official source →June 27, 2024
Gov. DeSantis vetoes SB 280 statewide vacation-rental bill
SB 280 would have created a statewide vacation rental registry and further preempted local regulation. The veto preserved the status quo, leaving Miami Beach's pre-2011-rooted duration restrictions and local registration scheme fully in force.
Official source →June 6, 2023material
Miami Beach Resiliency Code takes effect
The city's new land development regulations (Resiliency Code) replaced the 1989 LDRs. Short-term rental restrictions formerly in Secs. 142-905(b)(5) and 142-1111 were recodified into Resiliency Code sections 7.5.4.11(a) (single-family) and 7.5.4.13 (apartments/townhomes) with substantially the same prohibitions; the city now cites these sections in enforcement.
Official source →
Frequently asked questions
›Is Airbnb legal in Miami Beach?
Airbnb is legal in Miami Beach, FL, but with significant restrictions — check the zoning and eligibility rules on this page before listing. Always confirm current requirements with the city before operating.
›Do I need a permit for a short-term rental in Miami Beach?
Yes. Miami Beach requires a Vacation/Short-Term Rental Business Tax Receipt (BTR), with Certificate of Use and Resort Tax registration to operate a short-term rental and must be renewed every year. Always confirm current requirements with the city before operating.
›Can I Airbnb a non-primary residence in Miami Beach?
Yes — Miami Beach does not limit short-term rentals to primary residences. Zoning and other restrictions may still apply. Always confirm current requirements with the city before operating.
›What taxes do short-term rental hosts pay in Miami Beach?
Hosts in Miami Beach are subject to: Florida Transient Rental Tax (state sales tax) (6%), Miami-Dade County Discretionary Sales Surtax (1%), Miami-Dade County Convention Development Tax (3%), Miami Beach Resort Tax (4%) — roughly 14% total on gross rental revenue. Platforms like Airbnb collect some of these automatically; check each line's collection method on this page.
›What happens if I operate a short-term rental illegally in Miami Beach?
The city's infamous $20,000-$100,000 escalating fines were held preempted by Fla. Stat. 162.09 in City of Miami Beach v. Nichols (Fla. 3d DCA, 2020), and an October 2020 ordinance replaced them with 'fines as provided in Chapter 162, Florida Statutes' - i.e., up to $1,000/day for a first violation, $5,000/day for repeat violations, and up to $15,000 for irreparable violations. Separately, Sec. 102-386 (failure to display BTR/resort-tax numbers in ads and related operator duties) carries $1,000 (1st), $5,000 (2nd), $7,500 (3rd), and $10,000 plus BTR revocation (4th violation within six months). Enhanced penalties include immediate termination of the rental/eviction of guests, suspension/revocation of the certificate of use, recorded liens enforceable by foreclosure, and possible injunctions. Miami Beach runs one of the most aggressive STR enforcement programs in the U.S. A dedicated Code Compliance team monitors listing sites and investigates complaints (hotline 305-673-7555); the city's public 'Practice Safe Renting' database lets anyone verify whether a building is authorized, and lists roughly 434 authorized apartment buildings. When an illegal rental is confirmed, 'the tenants/visitors will be evicted and fines assessed against the owner.' Advertising a unit for under six months and one day is codified as direct evidence of a violation and creates a rebuttable presumption against the property. Violations can be issued to the owner, manager, broker, or anyone who facilitates the rental; unpaid fines become liens the city can foreclose, and the code compliance director notifies the Miami-Dade Property Appraiser (which can jeopardize a homestead exemption). Every advertisement must conspicuously display the city BTR number and Resort Tax certificate number (Sec. 102-386); 2025 special magistrate dockets show $1,000 first-offense fines under that section.
Miami Beach's STR rules changed 1 time recently.
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Related
Nearby covered cities
- Miami, FLRestricted
- Kissimmee, FLRestricted
- Destin, FLPermit required
- Atlanta, GAPermit required
- New Orleans, LARestricted
Sources
- City of Miami Beach - Vacation Short Term Rentalsretrieved July 9, 2026
- City of Miami Beach - Short-term Rental Requirementsretrieved July 9, 2026
- City of Miami Beach - File/Pay Resort Taxretrieved July 9, 2026
- City of Miami Beach - Business Tax Receipt, Certificate of Use, and Annual Fire Inspectionretrieved July 9, 2026
- Miami Beach Code Sec. 142-1111 - Short-term rental of apartment units or townhomes (Municode)retrieved July 9, 2026
- Miami Beach Ordinance amending Secs. 142-905(b)(5) and 142-1111 to substitute Chapter 162 fines (adopted Oct. 14, 2020)retrieved July 9, 2026
- City of Miami Beach v. Nichols, No. 3D19-1954 (Fla. 3d DCA Sept. 23, 2020)retrieved July 9, 2026
- Airbnb Help Center - Occupancy tax collection and remittance by Airbnb in Floridaretrieved July 9, 2026
This page is informational only and is not legal, tax, or financial advice. Rules change and enforcement varies — verify current requirements with Miami Beach and a qualified professional before operating.